This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Emergency Injunction Form For Child Custody In Phoenix
Category:
State:
Multi-State
City:
Phoenix
Control #:
US-000299
Format:
Word;
Rich Text
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FAQ
The process of obtaining temporary child custody in Arizona is to file a petition to establish custody of a child or a petition to modify a prior child custody order. In Arizona, it could, in some cases, take as much as a year to have a final child custody trial.
Specifically, the basis for the emergency child custody orders must establish that parenting time with a parent will cause an imminent risk of serious physical, emotional, or psychological harm.
Filing a Petition for Emergency Custody of a Child In either event, you must file a petition containing all of the allegations you believe support the contention that parenting time between a child and a parent places the child in imminent danger of serious harm. That petition must be verified by you.
Collecting relevant details is crucial in drafting an affidavit. Include full names, dates, and specific events pertinent to the situation. Ensure these facts are clear, concise, and presented chronologically when possible. Verify the information, as inaccurate details could invalidate the affidavit's credibility.
Child Custody and Visitation: In cases involving child custody and visitation disputes, an injunction may be sought to establish or maintain the status quo until a final decision is reached.
The affidavit usually contains information about the parent-child relationship, the parent's capacity to meet the child's emotional and physical needs, the child's medical and educational background, and any other pertinent information that could aid the court in determining the child's custody.
In the declaration you would state what your position is with respect to child custody: “I request _________ custody orders and I request _________ visitation schedule. Then you describe why your proposed custody and visitation schedule is in the child or the children's best interest.
Write a clear statement of purpose, specifying the reason for the affidavit. Present facts in chronological order with numbered paragraphs for easy reference. Facts should be precise and relevant to the affidavit's purpose. Include a statement of truth declaring that the contents are accurate under penalty of perjury.
Insufficient Evidence: The court requires compelling evidence to grant emergency custody. While you mentioned having videos, pictures, and text messages, the court might have found the evidence insufficient to demonstrate an immediate threat.
In the first paragraph, state how you know the person and attest to their character. Second paragraph show how loving and caring they are with their child. Third paragraph show how bonded the child is to the parents and give examples.